NYCHA Terminates Tenancy Based on Chronic Nonpayment

December 16, 2013

LVT Number: #25212

Landlord NYCHA terminated tenancy based on tenant's chronic nonpayment of rent. Tenant appealed, claiming that NYCHA's decision was unreasonable. The court and appeals court ruled against tenant. NYCHA's decision was rational. Rent ledger records showed that, between June 2010 and October 2011, tenant paid only one month's rent. During this time, tenant's arrears grew from $356 to $2,591. And even if tenant was entitled to request reconsideration of NYCHA's decision, reconsideration wasn't warranted.

Landlord NYCHA terminated tenancy based on tenant's chronic nonpayment of rent. Tenant appealed, claiming that NYCHA's decision was unreasonable. The court and appeals court ruled against tenant. NYCHA's decision was rational. Rent ledger records showed that, between June 2010 and October 2011, tenant paid only one month's rent. During this time, tenant's arrears grew from $356 to $2,591. And even if tenant was entitled to request reconsideration of NYCHA's decision, reconsideration wasn't warranted. It didn't matter if tenant might have become current with her rent after NYCHA's hearing. That wouldn't negate NYCHA's ruling.

Moore v. Rhea: 111 A.D.3d 445, 2013 NY Slip Op 07420 (App. Div. 1 Dept.; 11/12/13; Tom, JP, Andrias, Friedman, Freedman, Clark, JJ)

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